Town of Ledgeview, WI
Brown County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Ledgeview 4-17-2001 by Ord. No. 2001-100. Amendments noted where applicable.]
[Amended 7-5-2011 by Ord. No. 2011-006]
As authorized by § 66.051(2),[1] Wis. Stats., the following statutes defining offenses against the peace and good order of the state are adopted by reference to define offenses against the peace and good order of the Town, provided the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under the general penalty provisions of this Municipal Code. Any future amendments, revisions or modifications of the statutes incorporated herein by reference are intended to be made part of this Code.
Statute
Offense
940.19(1)
Battery
941.20
Endangering safety by use of a dangerous weapon
943.01(1)
Damage to property
943.017
Graffiti
943.13
Trespass to land
943.14
Criminal trespass to dwelling
943.20
Theft
943.50
Retail theft
944.20
Lewd and lascivious behavior
946.41
Resisting or obstructing officer
947.01
Disorderly conduct
947.012
Unlawful use of telephone
947.013
Harassment
[1]
Editor's Note: 1999 Act 150 renumbered this section as § 66.0107(2).
[Amended 1-16-2007 by Ord. No. 2006-18]
As authorized by § 938.17, Wis. Stats., the following statutes are hereby adopted by reference as if set forth herein in full:
Statute
Offense
118.163(2)
Habitual truancy
120.12(20)
Use of tobacco products on premises under control of School Board
125.07(4)(a)
Underage person possession of alcohol beverages
125.07(4)(b)
Underage person possessing or consuming alcohol beverages
125.09(2)(b)
Possession or consumption of alcohol beverages on school premises
[Amended 1-16-2007 by Ord. No. 2006-18; 8-16-2011 by Ord. No. 2011-009]
As authorized by § 66.0107(1)(bm), (bn) and (bp), Wis. Stats., the following statutes are hereby adopted by reference as if set forth herein in full:
Statute
Offense
961.41(3g)
Possession of marijuana or synthetic cannabinoids
961.573(1)
Possession of drug paraphernalia
[Amended 10-20-2009 by Ord. No. 2009-039]
The following state statutes are hereby adopted by reference as if fully set forth herein:
Statute
Offense
Wis. Stats § 254.92
Purchase or possession of tobacco by minors
A. 
Littering.
[Amended 6-4-2012 by Ord. No. 2012-007; 2-15-2016 by Ord. No. 2016-003]
(1) 
Definitions. For the purpose of this subsection, the following terms, phrases, words, and their derivations shall have the meaning herein given:
DEBRIS
Things (such as broken pieces and old objects) that are lying where they fell or that have been left somewhere because they are not wanted; the remains of something broken down or destroyed. The accumulation of loose material or of rock, vegetable, or animal matter.
GARBAGE
Residential miscellaneous waste material, excluding recyclables, including but not limited to discarded material resulting from handling, processing, storing, or consumption of food which is subject to decomposition, decay, and putrefaction; contaminated paper (used tissues), wood and cloth. Garbage shall specifically exclude hazardous, offensive, noxious or toxic wastes, bulk waste, construction debris, yard waste, and brush, and it must fit in a garbage container so as to allow the lid to close.
JUNK
Any old or discarded material, as metal, paper, or rags, anything that is regarded as worthless, meaningless, or contemptible; trash.
LITTER
Garbage, refuse, rubbish, trash, debris, and junk as defined herein, and all other waste material which is thrown or deposited as herein prohibited tends to create a danger to public health, safety and welfare.
REFUSE
Any materials or objects unused and rejected as worthless or unwanted.
RUBBISH
Nonputrescible and solid wastes consisting of both combustible and noncombustible wastes, such as circulars, leaflets, pamphlets, wrappers, handbills, newspapers and all and any other printed or nonprinted paper material, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass and other similar materials.
TRASH
Things that are no longer useful or wanted and that have been thrown away, anything worthless, useless, or discarded; rubbish.
(2) 
Public places. No person shall throw, deposit or cause to be placed litter upon any street, sidewalk, alley or other public place within the Town of Ledgeview.
(3) 
Placement of litter in containers. Persons placing litter in refuse or garbage containers shall do so in such a manner and in such containers as will prevent it from being carried or deposited by the elements upon any street, sidewalk, alley or other public place or upon private property.
(4) 
Sweeping litter into gutters. No person shall sweep into or deposit in any gutter, street, alley or public place within the Town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks, entrance walks, parking lots and parking areas in front of or upon their premises free of litter.
(5) 
Public waters. No person shall throw or deposit litter in any fountain, pond, wading pool, river, bay or any other body of water in a public place or elsewhere within the Town.
(6) 
Occupied private land. No person shall throw or deposit litter on any occupied private property within the Town, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized refuse or garbage containers for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk, alley or other public area or any private property.
(7) 
Maintenance of premises. The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized refuse or garbage containers for collection.
(8) 
Vacant lots. No person shall throw or deposit litter on any open or vacant private property within the Town, whether owned by such person or not.
(9) 
No person shall place litter or rubbish in any privately owned commercial refuse, dumpster or garbage container not owned by him or her.
B. 
Loitering prohibited.
(1) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
LOITERING
Remaining idle in essentially one location and shall include the concept of spending time idly; to be dilatory; to linger; to stay; to saunter; to delay; to stand around; and shall also include the colloquial expression "hanging around."
PUBLIC PLACE
Any place to which the general public has access and a right to resort for business, entertainment or other lawful purpose. It shall also include the front or immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, areas or parks.
(2) 
Prohibition. It shall be unlawful for any person to loiter, loaf, wander, stand or remain idle, either alone and/or in concert with others, in a public place in such a manner so as to:
(a) 
Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to impede the free and uninterrupted passage of vehicles, traffic or pedestrians.
(b) 
Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or other place or building, all of which prevents the free and uninterrupted ingress, egress and regress therein, thereon and thereto.
(3) 
Order to disperse. When any person causes or commits any of the conditions enumerated in Subsection B(2) above, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such order shall be guilty of a violation of this section.
C. 
Excessive noise. It shall be unlawful for any person to operate a light motor vehicle such as to cause excessive noise levels as a result of a defective or modified exhaust system or as a result of unnecessary rapid acceleration, deceleration, revving or tire squeal or as the result of the operation of audio devices such as but not limited to, radios, phonographs and tape players.
D. 
Storage of personalty.
[Added 2-15-2016 by Ord. No. 2016-003]
(1) 
The unsheltered accumulation or storage of wrecked, or partially dismantled, or otherwise nonoperating or unlicensed motor vehicles, and of any other vehicles, machinery, implements, equipment, any parts thereof, and personal property of any kind which is no longer safely usable for the purposes for which it was manufactured, hereinafter collectively described as "said personalty," within the Town of Ledgeview is declared to be a nuisance and/or dangerous to the public health, safety and well-being.
(2) 
The owner, owners, tenants, lessees and occupants of any lot upon which such accumulation or storage is made, and also the owner, owners, and lessees of said personalty involved in such storage, all of whom are hereinafter referred to collectively as "owners," shall jointly and severally abate the nuisance by promptly moving said personalty into completely enclosed buildings authorized to be used for such storage purposes, if the same can be found within the Town, or otherwise by moving said personalty to a location outside the Town.
(3) 
Whenever the owners fail to abate the nuisance, the Town shall move said personalty to a location of its selection, and the expense therefor shall be billed to the owners, jointly and severally, which bill shall be recoverable in a suit at law. When said personalty has been removed and placed in storage by the Town, said personalty shall be sold by the Town after the lapse of such time as is provided by § 66.28, Wis. Stats., or any other applicable provision of law. If the proceeds of such sale are insufficient to pay the costs of abatement, the owners shall be jointly and severally liable to the Town for the balance of the costs to be recoverable in a suit at law. If the proceeds are in excess of costs, the balance shall be paid to the owners or deposited with the Town Clerk-Treasurer for their use.
(4) 
Any owner who allows the nuisance described in this section to exist, or fails to abate the nuisance, shall, upon conviction thereof, be subject to a penalty of not less than $25 nor more than $200 for each offense, together with the costs of prosecution, and a separate offense shall be deemed committed on each day during or on which such nuisance is permitted to exist.
A. 
It is unlawful for any person under 17 years of age to be or remain upon a street or alley or other public place in the Town between the hours of 10:00 p.m. and 6:00 a.m. unless such person is accompanied by a parent or guardian or other person having custody of such minor or unless in performance of duty directed by such parent, guardian or other person having custody or unless such person is lawfully employed, making it necessary to be in such place between the said hours.
B. 
It shall be unlawful for anyone having the legal care and custody of any person as described above to allow or permit such person to go or be upon any public street, alley or other public place in the Town in the nighttime as prohibited by this section.
C. 
Every member of the police force or officers or employees in the parks shall detain such minor violating this section, but shall immediately upon taking custody of the child communicate with the parent or guardian or to such person as they believe to be proper.
D. 
If it shall appear that any child taken into custody for a violation of this section is growing up in mendicancy or vagrancy or is incorrigible for lack of parental care or has no home, proper proceedings shall be taken according to Chapter 48 of the Wisconsin Statutes, which is known as the "Children's Code."
E. 
Any minor found violating this section shall, if the conditions are not aggravated, be given a warning. On a second or subsequent violation or if the violation is aggravated, then the minor shall be dealt with according to the provisions of Chapter 48 of the Wisconsin Statutes.
[Added 1-18-2011 by Ord. No. 2011-001]
No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises which unreasonably disturb or tend to unreasonably disturb the peace and quiet of persons in the vicinity.